Saturday, September 26, 2009

Question is about my liability to pay off dead husband's credit card bills. He died May 24, 2008. - Avvo.com

If your spouse dies with credit card debt, unless you guaranteed the debt or signed as a debtor on the card, you don't have to pay the debt. Let the credit card company sue the estate. If there is insufficient funds in the estate or the company fail to file a timely claim, the law protects the spouse.

Question is about my liability to pay off dead husband's credit card bills. He died May 24, 2008. - Avvo.com

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Friday, September 18, 2009

During the final decision of my divorce, the judge granted custody of my son to my ex-husband, what can I do to get my son back? - Child Custody - Avvo.com

As this question illustrates, you should always retain an attorney for divorce, child support, and custody matters. Oftentimes, people assume that simply because you feel you should get a particular result you will get it. This is definitely not the case. Evidence, case law, and a good legal argument beats feelings and hopes.

If you cannot afford an attorney, you should contact local or state bar associations. These groups may be able to point you to a pro bono association. There are several family law programs in New York, Georgia, Maryland, and Washington, DC.

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During the final decision of my divorce, the judge granted custody of my son to my ex-husband, what can I do to get my son back? - Child Custody - Avvo.com

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Wednesday, September 2, 2009

my children are in college am i still entitled to get child support for them - Child Support - Avvo.com

my children are in college am i still entitled to get child support for them
Hempstead, NY Viewed 4 times. Posted 1 day ago in Child Support
ANSWER

Look at the child support order. Some negotiate child support through college. If you had an attorney and you requested continued child support through college, it should be in the order.

Also, please note the following statutory sections

(1) "Child support" shall mean a sum to be paid pursuant to court order or decree by either or both parents or pursuant to a valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of twenty-one years.

As a result, the order should still apply to your two youngest children.

In addition, note the following section:

CPLR 240 (1-b)(c)(7) states: where the court determines, having regard for the circumstances of the case and of the respective parties and in the best interests of the child, and as justice requires, that the present or future provision of post-secondary, private, special, or enriched education for the child is appropriate, the court may award educational expenses. The non-custodial parent shall pay educational expenses, as awarded, in a manner determined by the court, including direct payment to the educational provider.

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In other words, the court can order child support to 21 and payment of education expenses.

If you need additional information, please contact me on my Long Island number.